An action against a defendant arising out of a defendant’s legitimate petition for redress of grievances under the First Amendment of the U.S. Constitution is subject to summary judgment for the defendant. The moving party must present sufficient facts to permit the court to reasonably conclude that the plaintiff’s action is devoid of reasonable factual support or, if so supported, is lacking a cognizable basis in law. If this showing is made, the plaintiff must present sufficient facts to permit the court to reasonably conclude that defendant’s petition for redress of grievances was primarily for the purpose of harassment or some other improper purpose.

Colorado SLAPP Stories:

An oil company sued a citizen activist for talking on a Facebook post about their settlement of an antitrust case. After prolonged and expensive procedural maneuvering, a Colorado state judge issued an order granting summary judgment to the activist.

A flooring company brought a defamation lawsuit against a Colorado couple for negative reviews they left on Yelp. The parties eventually settled the suit, but the dispute cost the defendant $65,000 in legal fees.